AMENDMENT TO AMENDED AND RESTATED DISTRIBUTION AGREEMENT
BETWEEN CURIAN SERIES TRUST AND CURIAN CLEARING LLC
This AMENDMENT is made by and between CURIAN CLEARING LLC ("Curian
Clearing") and CURIAN SERIES TRUST, a Massachusetts business trust (the
"Trust").
WHEREAS, Curian Clearing and the Trust entered into an Amended and Restated
Distribution Agreement effective March 1, 2012 (the "Agreement").
WHEREAS, the parties have agreed to amend Section 10, "Effective Date and
Termination of this Agreement," in order to clarify the annual approval date of
the Agreement.
NOW THEREFORE, the parties hereby agree to amend the Agreement as follows:
Section 10, "Effective Date and Termination of this Agreement," is deleted and
replaced in its entirety with the following:
10. EFFECTIVE DATE AND TERMINATION OF THIS AGREEMENT. This Agreement became
------------------------------------------------ effective at the date and time
that the Trust's Registration Statement, reflecting the underwriting
arrangements provided by this Agreement, became effective under the Securities
Act, and shall, unless terminated as provided herein, continue in force for two
(2) years from that date, and from year to year through December 31st, following
the initial two year period, provided that such continuance for each successive
year is specifically approved in advance at least annually by either the Board
of Trustees or by the vote of a majority (as defined in the 0000 Xxx) of the
outstanding voting securities of the applicable Funds of the Trust and, in
either event, by the vote of a majority of the Trustees of the Trust who are not
parties to this Agreement or interested persons of any such party, cast in
person at a meeting called for the purpose of voting upon such approval. As used
in the preceding sentence, the words "interested persons" shall have the meaning
set forth in Section 2(a)(19) of the 1940 Act. Section 23 herein shall survive
the termination of this Agreement.
IN WITNESS WHEREOF, Curian Clearing and the Trust have caused this
Amendment to be executed as of this 14th day of December, 2012. This Amendment
may be executed in two or more counterparts, which together shall constitute one
document.
ATTEST: CURIAN CLEARING LLC
/s/ Xxxxxx X. Xxxx By: /s/ Xxxxxxx X. Xxxx
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Xxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx
Title: President and CEO
ATTEST: CURIAN SERIES TRUST
/s/ Xxxxx X. Xxxxxxxx By: /s/ Xxxxx X. Xxxxxxxx
--------------------- ---------------------
Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx
Title: Assistant Vice President
